Attorney General Githu Muigai and the Law Society of Kenya have asked a court to dismiss a case in which lawyer Nelson Havi has challenged his disqualification from contesting in next month’s LSK elections.
The request came even as High Court judge Chacha Mwita directed that the case be heard on January 29.
Havi asked the court to issue interim orders pending hearing and determination of the case. Mwita declined to issue the orders after LSK opposed the application.
“I would prefer to hear the application so that I can fully appreciate all parties’ arguments and render a detailed ruling,” Chacha said.
The judge certified the case as urgent.
“The petitioner is hereby granted leave to file supplementary affidavits within three days from today. Respondents have three days to respond from the date of service,” Chacha said.
The case was previously scheduled for directions yesterday, but Havi asked the judge to issue orders allowing him to continue with his campaigns.
Havi wants to become the LSK president in the election scheduled for February 22. LSK barred him from contesting, saying he did not meet the eligibility threshold.
Even though the court has not issued any orders, the lawyer has been campaigning in Mombasa, Nairobi Kisumu and other parts of the country vowing to fight for young lawyers and better terms.
He is aggrieved because, LSK stopped him from contesting on grounds that he does not meet the eligibility threshold.
Both the AG and LSK say Havi is not qualified to run because he does not possess the qualifications to be a judge of the Supreme Court of Kenya.
Lsk’s
Mercy Wambua further says a claim by the lawyer
that the council conjured a clandestine scheme to outmaneuver his bid to run for office are incorrect, untrue unsubstantiated and run afoul of the society’s
rules and regulations
“Claims that LSK failed to establish an election Board in order to scuttle his candidature is untrue,” Says Wambua in an affidavit.
And according to the Ag, the case is misconceived, misplaced and is an abuse of the process as the lawyers rights and fundamental freedoms have not been breached in any way.
According to LSK, Havi was admitted to the bar in June 2003 and will not have completed 15 years by the election date.
“Upon considering the application for the position of president, we have concluded that Havi is unqualified to vie for the said position as he is yet to attain 15 years in practice from the date of admission.” LSK stated in a letter signed by LSK CEO.
But the lawyer says it is unreasonable to bar him on grounds of years.